Chullin 11: Majorities and What They're Good For

Today, in part we learn about the definitions of "majority":

• ruba d'ita kaman, a clearly defined majority 
• examples include the Sanhedrin where Sages would vote and the majority would rule
• one example is a case where nine stores sell kosher meat and one that sells non-kosher meat and unidentified meat is found between them
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• ruba d'leta kaman, a majority which is known but is not perfectly measurable
• examples include a young boy and girl who are meant to marry under the rules of levirate marriage and it is assumed that neither is sterile since the vast majority of the population is able to conceive

The Chatam Sofer teaches that the difference between these two majorities is whether or not we can check the situation.  Some of the rabbis say that it is the interaction between the majority and the minority that allows us to recognize the situation of doubt.  The weight of the majority leads us to conclude our debate.  In the second, the majority is not in competition against the minority.  Instead, the majority is used as a tool that helps us to measure the circumstance.

Acharonim teach an interesting argument.  The first case might seem to be more certain than the second, but this is not necessarily the case.  In the first situation, the "majority rules" is a legal tool that helps us to solve a problem based in doubt.  In the second situation, the majority offers us much greater certainty  regarding our conclusion.